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is above 14,000. the last time it traded during a session at 14,000 was october the 17th, 2007. the last time it closed above 14,000, october the 12th of that same year. the dow jones has climbed above 14,000 for the first time since the great recession and gained 6.7% since the start of this year. everything is not awful. your world is next. jenna lee in for neil cavuto. somebody's excited. from whooping it up for the super bowl to whooping it up on wall street. lots of cheering today, but there's another milestone hitting sunday that's really no cause for celebration. welcome, everybody. i'm jenna lee in for neil cavuto today and this is your world. the d dow may have cracked 14,00 for the first time since 2007 today, but are traders whifting past the graveyard?

you have the jobless rate picking up, economic growth slowing down and the federal income tax turning 100 this sunday. fears are growing it's only heading higher. swatch out on the price of good friday. it's 14,000. >> let's celebrate. we're rich, we're rich again, part two. here's what i think about the income tax. remember those coffee mugs, life begins at 40? how about for the income tax life begins at 100. let's actually fix this thing, make it a little more favorable for businesses, for income, for individual income earners. i mean, that would be a lot better than at least leaving it at this rate. >> some say we've had it for 100 years. maybe we should keep it for the next 100. >> here's the thing. i'll tell you. it's been a rough 100 years with regards to income tax because there's been a lot of wrangle ling. if you just look at the numbers, we rely on the top 10% of taxpayers, jenna, as a country more than any other developed nation in the world. we know we have the highest

corporate tax rates. >> you just don't want to pay your taxes. >> hello, irs, i don't want to pay my taxes. there needs to be a leveling off here somewhere, and i'm convinced that tax rates are going up even further. i saw an increase, i think we'll get more. >> let me ask you this. we saw some job creation this month, right, when we look at january. what if we change? let's say we decide to get rid of income tax. how does that change the economy we have right now? >> i think you'd see more hiring and i think you'd see more spending. those are the key things that drive the economy. you mentioned the numbers today. here's a key potent of that number. average hourly earnings, basically how much people are making by hour, right, as they work. do you realize we're at a one and a half year high in average hourly earnings. guess what the number is. it's a little over 2%. nobody has i any money. taxes are going up and people are making really lousy wages. >> people talk about fixing the tax code. one of the big questions is where do you start? would income tax be where with u start or start with corporate taxes or something like that?

>> you have a couple things going on. one thing that's huge is the amount of money that's overseas in these corporations, right. the repate ration tax is gigantic. that's why a lot of money is overseas in tax haven. get the money back to the united states so they'll hire and spend capital. that's how you get the economy to grow. >> do you think we see 15,000 this year? it's only the first month. >> here's the funny thing. a lot of people are on the sidelines. that money will come in because bond rates are at 2%. >> are you one of the those people on the sidelines? >> i've been in but i'm getting nervous. at some point the market will say i'm over valued, i've got to correct. everybody is calling for correction. that means the market will continue upward. >> there were a lot of guys like you, scott, in the middle of the crisis. >> i thought i was one o one ofa kind. >> you said maybe we should take the money out of the market, don't play that. then you missed this rally. what's your advice for the average investor. >> you have to start legging in here. i really do, i think the market

is going to reward you for taking on some risk. there's really nowhere else to go, jenna. even corporate bobbe bond rates. effect about givingp money to the u.s. government. corporate bond rates are low, too. people have to go to equities to find return. i think you'll see that continue. >> we hope you pay your taxes because we like you back on the show. >> i hope the irs is watching. >> scott, appreciate it. house speaker john boehner saying this is the wrong time for president obama to scrap his jobs council, but the washington examiner's byron york said it wasn't worth saving at all. byron coming from high home town of san francisco, hope that makes you a 9ers fan temporarily. >> i am through sunday. >> what's the deal with the jobs council. why is it no big deal that the president got rid of it? >> it was always a big nothing. there's no doubt about it. president obama has often been under criticism throughout his time in office for putting other issues before jobs and the exee, and in his first term it was

obama care or cap and trade. now you hear about gun control and immigration, and creating a jobs council was a way to show that he was actively involved and compared approximat about t. >> do you think speaker boehner is wrong for coming out and criticizing the president for getting rid of the jobs council? is that a wrong move by the speaker of the house? >> i think he's correct. this never accomplished anything. he found this version of the, the president did. it met a few times in 2011, it never met at all in 2012, and it came up with recommendations like they should retrofit federal buildings to be more energy efficient. these are ideas that have been kicking around all over the place for years, so it just never came up with anything. the president didn't seem to invest any energy in it, and you know, the unemployment rate now is 7.9%, and it's that in part because so many people have been discouraged and dropped out of the work force. >> byron, we're at the beginning

of a new year. we're all looking for big ideas for the economy. who has big ideas for this economy, whether it's dreamt or republican or polka dot? where are the big ideas for really moving in economy forward this year? >> i would not character eyes either side as having big ideas as much as conflicting ideas. republicans really, really, really want to cut federal spending, get the debt under control. president obama wants to preserve more spending, wants to cut the deficit by racing taxes. there are two different ideas of how to handle the economy. president obama won the election. the democratic party won the senate, and the republicans even lost a few seats in the house, so the democrats ar have just hd more momentum lately because they won. >> so what does that mean for us? >> well, it means -- it means that republicans are going to be fighting on the federal spening part but likely we're going to live in an economy that's structured according to president obama's wishes for the

next four years because he got reelected. >> byron york, nice to see you from san francisco. always appreciate it. >> thank you, jenna. the white house reaction to today's job report is this. the president's economic advisors saying critical investments are needed to promote job creation. that's part of the game plan. is more spending the answer here? former ohio democratic congressman and fox news contributor now dennis accuse k. spend what and spend it where? >> first of all, we can't be talking about more taxes. we have to talk about creating more tax pay years. we the country needs more employers. that's what the country needs now. as far as cutting spending, we have to be aware if we cut spending significantly, the gdp which is already slowing down is going to make an even worse appearance and we're going to end up in moving towards a recession. >> so why do you think that more spending now at this time in this economy will produce better

results than it has in the last several years? >> well, first of all, what kind of spending are we talking about? we understand, and i can see there's a lot of waste in government, but the waste usually deals in capital-intensive spending, not in labor-intensive. we need to get america back to work. with 7.9% unemployment, it's higher than that. as your previous guests said, people get discouraged and symptom looking for work. we need to get america back to work and rebuild america's infrastructure. china has only half the unemployment we he have because they're rebuilding their infrastructure. >> let's talk to the bargain shoppers out there, congressman, because i'm one of them. if we're going to invest in the actual employment picture, how much money should get us how many jobs? is there a way to say we're going to spend $10 million and that will give us 100 jobs? what would that look like? >> it's proven that if you invest in rebuilding infrastructure, you create tens of thousands of jobs based on the amount of money that you spend. i think it's for every billion

dollars spent. >> so a billion dollars spent would get us several tens of thousands of jobs? >> the exact number is something i don't have at my fingertips, but i'll tell you this. you rebuild america's infrastructure, you put america back to work. >> the reason that's why that's important is because we want to be held account abling for our own investments. if we don't know how many jobs we get for how much money we spend, then how is that a good idea right now? >> well, i think, as i said, the measure is actually -- pull a number out. i think it's 30,000 jobs for each billion invested, but i'll check on that and get back to you. the point is this, that we have to get america back to work, and investment in infrastructure is an investment in business. we have a public private partnership. we need tax incentives for businesses to create jobs. we also need investment by the private sector and together we move the economy forward, get america back to work, and start to create wealth instead of looking at austerity which is

not what america should ever be about. >> do you think a build billion dollars for 30,000 jobs makes sense? >> look, are you kidding? look at the waste we've had, blown on wars that haven't created jobs. we need productive spending to get america back to work. >> where do we go next, congressman. now that you have time, perspective, away from dc. you see both sides. one believes in government spending, one doesn't. how do we figure this out? >> well, first of all, the democrats and republicans have to work together. in the interest of the american people. we see that there's 7.9% unemployment right now. that's not acceptable. that's a clear policies tha pole that the policies of the fed have failed. we need to move america forward and commit to getting everybody back to work, every able-bodied american having a job in the public or private sector. if we come to agreement on that as a national policy, we'll move in the direction on that. >> we don't. >> congressman, it's nice to see

you. appreciate it as always. >> that ca thank you. i appreciate being on. seal the border before sealing the deal for these senators pushing illegal immigration reform. is arizona's governor pushing back? she's with us ... next. how do? by the armful? by the barrelful? the carful? how about...by the bowlful? campbell's soups give you nutrition, energy, and can help you keep a healthy weight. campbell's. it's amazing what soup can do.

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>> jenna: it's a big story this week. bi-partisan immigration reform remains in the works, but despite assurances that any deal will include securing our border. my next guest is wondering who will be making that call, and she knows the border pretty well. republican arizona governor jan brewer is with us now. we hear a special committee might be created that would involve border state governors to talk and give suggestions about with border security. have you been invited to any such meeting or any such

committee? >> no, not up until this point, but certainly, jenna, i agree. i think that people that are living on the border states ought to have a voice in the decision whether that border is secure or not, so i was very hopeful when it was presented pn the senate bill that we've all heard a little bit about, so i thought it was very, very encouraging. >> jenna: if you get the invitation, let us know, especially if it happens during this segment. let's talk about border security in general. that's a big question mark. how do you know if the border's secure? i was curious. how would you quantify or qualify a secure border? what would go into actually measuring that and saying border security this year in the united states is an a plus versus a d minus. >> well, i think that we all know what a secure border is. we've seen it in california. we've seen it in texas. in fact, we've seen it in arizona along what we call the yuma sector, but the tucson tech

tor which is primarily in the middle of arizona and mexico, we -- we have an unsecure border. we all know that. that's the gateway. i believe we would rely on our experts, the people that know what's going on, law enforcement that is dealing with it, and the people that live there. that's what i would rely on. it's just a simple matter. we can get operational control because we've done it in other places, but for whatever the reason is, the federal government doesn't step up and secure the tucson sector. >> jenna: one of the things we've heard going back a couple of years, the department of homeland security said listen, 2011, the border is secure. never as secure as it is now. you never disagreed with the department of homeland security at the time, so ultimately where do you think the power lies in determining the border security? is it with the states or with the federal government? who makes the call? >> well, you know what? it ought to be determined by all of us collectively together.

we need to talk to the experts. we need to talk to the people that live at the border, and certainly the elected officials that are the people getting contacted and dealing with it not only on a caylee basis, but you know, we've been dealing with it on a daily basis for years, and we have -- and we've already agreed that the yuma sector is under operational control. california is under operational control. they just simply seem to think that they don't want to secure that section. > >> jenna: you've you have been fairly optimistic over the last couple days in the interviews you've given with having this issue back at the forefront again, having the president weigh in. of all the things you heard, what are you most concerned about when it comes to these plans? >> well, i want to be sure that the border is we start going down the path of issuing whatever it is that they deem important as they deliberate and decide how they're going to address this comprehensive reform. i think all conservative republicans, i think all

responsible democrats want a secure border, and if we don't secure the border, then we go through this comprehensive reform and then we gain nothing. we'll be back where we were in '86 when we were promised that the word would be secured. >> jenna: governor, it was a pleasure to have you on the program today. if you get that invitation, be sure to let us know. >> i will let you know. before there was america's mayor, there was this mayor, the former and the alert and sadly now the late ed koch. rudy guiliani is with us ... next. blac two one two. rify and lock. command is locked. five seconds. three, two, one. standing by for capture. the most innovative software on the planet... dragon is captured. is connecting today's leading companies to places beyond it.

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>> if you're the mayor, you have to hear people. you must nt consider everybody who has a different point of

view to be your mortal enemy. >> whenever god wants me, he can have me, and cardinal egan when he came to see me in the hospital, i said god wants to take me tomorrow because he needs a good lawyer. he said don't worry about it, your rates are too high. >> a chair charismatic politiciw york mayor ed koch dead today at the age of 88. he was famously combative and yet endearing, two traits my next guest new very well. rudy guiliani. you knew both those traits, right, mayor? >> we hav had a very, very interesting relationship. for the last 10 or 12 years, a very good one. it started in 1974 when i was prosecuting as an assistant attorney. ed koch showed up as a congressman, as a character witness, and i had to cross examine him. > >> jenna: how did that go? >> i did a pretty good job of cross examining. i pointed out he had shown up

for another congressman, testified that this congressman was very honest two days before the congressman was convicted of bribery. it began rocky, but when i became u.s. attorney, he urged me to do the federal day cases in the lower east side, and i did them and we had a very good relationship for three or four years. then i began investigating his two chief political supporters, one of whom committed suicide and the other whom i convicted. i put three or four of his top people in jail, and that created tension. i almost ran against him in '89. then he endorsed me. >> jenna: it was a reality show. >> then he got angry over the appointment of judges and endorsed me again. >again. >> jenna: this was a very unique politician. for folks outside of new york city, describe what kind of a loss it is. >> it's a tremendous loss. you know, whether you're on his side or on the other side which i was for a short period of time

here and there and got beat up by him pretty bad, but i always fought back. that made it even worse. you realized this man loved new york city. he was in a totally fascinating character. he was smart. i mean, one of the smartest guys you'd ever meet. every one of his opinions was very deeply felt and very well thought out and sometimes wrong, but very strongly argued. and he was just a character. it's hard to describe him. i mean, i don't know if it would work some place else. it worked great in new york. >> jenna: looking back over his life, in many ways he was bigger than the party that he represented. >> oh, my goodness. absolutely. >> jenna: leaders like that today. >> he stopped being a democrat the day he became mayor. he became mayor of the city. he was a very liberal congressman, probably his voting record was very left even for those days. he became a very conservative mayor. he was fiscally conservative.

he was in favor of the death penalty at a time in which liberals were never in favor of the death penalty. he worked very, very hard to bring crime down. that's how i first got to know him really well in '83, '84, '85. the corruption that happened, happened around him. this was an honor man. i probably knew that better than anyone. i investigated his administration left, right, every way possible. i knew how honest he was which is why i always respected him even when he got angry at me. >> jenna: the question about american leadership today comes to the forefront even on a day like this where we have a bunch of different news, but one of the big stories is another one of our embassies attacked overseas in turkey. i'm just curious about your thoughts on american leadership in 2013 and where we really need to be as a country, not dependent on the parties but as leaders. what do you think this country needs now? >> well, it needs people who are going to forget their little narrow i' ideological preserve d start thinking in terms of how do you solve problems.

you know, predetermined ideologies never solve problems or we would have solved them a long time ago. practicality umentl ultimately s problems. ed koch had a lot of common sense. it mostly led him to the right conclusion, not always, but mostly, and he could figure out where he was going. one thing he taught me which i tried to copy is you've got to be out front. if you want to be mayor of new york city, you have to be out front. otherwise they'll drag you along. i did a press conference a day. he did two or three. i went to every event. every emergency, every fire, every event. i credit him with sort of showing me how to do that. >> jenna: sounds like you learned a lot. real quick here, who do you see as the next big leader, somebody like ed koch? >> chri chris christie. there's a bigger than life character. this guy has a great personality. he's willing to tell people what he really thinks.

it gets him in trouble sometimes. i got in trouble sometimes. ed koch got in trouble sometimes, but at least we were setting the direction, not letting ourselves kind of lead from behind, getting dragged along. >> jenna: mr. mayor, very nice to have you. >> we're going to miss him. he was a great new yorker. >> jenna: good to have your thoughts on day like today. thank you, sir. believe it or no not, are airfares about to take off? we'll talk about this, and did you see this? >> jenna: just wait until you hear what caused that reaction ... next. [ male announcer ] wouldn't it be cool if we took the nissan altima and reimagined nearly everything in it? gave it greater horsepower and class-leading 38 mpg highway... advanced helights... and zero gravity seats? yeah, that would be cool. introducing the completely reimagined nissan altima.

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>> jenna: how many of you have really wanted revenge when your flight's delayed. listen to this. there may be an opportunity for you to sue. a european judge ordering the thomas cook airline to pay more than $1,000 to a couple because of a flight delay, and if you think airfares are high now, michael dwight said just wait with all of this. michael, what's going on here? why is that evening happening. >> well, the thomas cook thing is sort of a smoke screen a little bit. you know, that's a charter company, and those things happen and they are outrageous, but they also ruled that a three-hour delay could give consumers the rights in the eu for compensation. so if you can't fly through a

volcanic ash situation, they have to delay, you're going to have to pay somebody. those kind of rules are frankly stupid, and airlines are just going to have to raise their fares to cover the. >> jenna: the europe courts think this is a fair way to go. do you think it will come to the u.s. courts and carriers as well? >> reporter: oh, there are consumer twits out there all over the place that would love to see this happen. the fact of the matter is the unintended consequence of this would be outrageous. the three hour tarmac rule we have today, there weren't a lot of those, but it has increase airlines canceling flights when they think they might not get people off an airplane. if you really want more expensive tickets and want to have less air service, this is a great way to go. >> jenna: i might be a little bit, don't tell anybody, of a consumer twit when it comes to this because i do want some accountability when we fly. when you walk up to the desk and they say there's a delay, and you have no other options, you feel a little bit hostage to the airlines, so what about accountability? could this potentially help airlines being accountable to their customers?

>> reporter: there's no questions airlines do forget about the consumer too often than not. too often they outsource to people that shouldn't be doing the job, but the reality is this isn't going like to the store and buying a steak that's bad. this is a situation where we as consumers buy an airline ticket. we assume certain responsibilities such as we know that that airplane we're going to get on is going to be subject to physics, weather, mechanical and other issues, and sometimes it's going to break. now, how the airline treats you, that's where you're on the money, and sometimes they don't treat you very well. >> jenna: that leads us right into the next segment. michael, great to see you today. thank you so much. >> thank you. >> jenna: as air travel prices go up get ready for more outbursts like this. >> this is crazy. [ cheers and applause ] >> jenna: did you hear that? lots of cheering after an angry woman gets yanked off a plane. passengers say the woman lost her cool after she saw another

passenger get moved to a premium seat without paying for it mid flight. apparently the television didn't work, so the flight attendant moved this page. dr. jeff gardier is a psychiatrist. we decided to bring you in for all of us, including myself, who get a little crazy with air travel. >> don't we all? >> jenna: why is it on the airlines we see these outbursts? >> i think people are really uptight. they feel very constricted emotionally. they're paying a lot more money to fly now, and instead of it being a collective experience as it used to be, you know, we're all in the air together, i think we're going to have a kumbaya moment and get where we're going to, it's almost an us against them mentality. the airlines are penny pinching, the passengers don't have that much money. they're feeding them peanuts and water. they won't even give them a bottle of water any more. you get a cup of water. even though the flight attendants try to do their best, it just turns out to be just not a very positive experience for

some people. >> jenna: i can kind of relate to this woman a little bit. she paid extra for the seat. >> right. >> jenna: someone moves up there. they didn't pay extra. maybe she didn't handle it correctly, but does she have a point? >> the point is she paid good money for this, and the airlines made her pay for it, and she wants to get her -- what she paid for, and the bottom line is she paid for this premium seat and another person gets it for free, and she's upset about it. does she have some anger issues, more than you do. >> jenna: i don't know about that. >> the way she handled it wasn't right. perhaps the airline should have given her a coupon or something, but i can understand where she was coming from. >> jenna: okay. real quick. any trips for those of us travelers that may be a little more anxious than others? >> first of all, look. it is a business. i don't think we should personalize this stuff. the fact is even if it is an us against them mentality, we are all human, and we need to be kinder to one another. we're a very angry society thesd

to roll it back, slow the roll a little bit. >> jenna: slow the roll. maybe they should invest on psychologists. >> like an air marshal, an air psychologist. i want that job. >> jenna: maybe we're into job creation here on your world. doctor, great to have you here. the big game is sunday but another hike actually may be coming your way. new fears your wallet could get soaked by your suds. and from no tip to pink slip. why one waitress and her posting made her job toast. ♪ [ male announcer ] how could a luminous protein in jellyfish, impact life expectancy in the u.s., real estate in hong kong, and the optics industry in germany? at t. rowe price, we understand the connections of a complex, global economy. it's just one reason over 75% of our mutual funds beat their 10-year lipper average. t. rowe price. invest with confidence. request a prospectus or summary prospectus with investment information, risks, fees and expenses

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>> jenna: well, beer buyers beware. it may soon cost an extra buck for those buds. not a fan? neither is the u.s. government defending the beer drinkers. fox business news has more. >> reporter: a deal in the work that could mean higher beer prices. the belgian company called inbev

wants to get bigger and do that by buying corona, the mexican company that owns corona. the government doesn't like this. the u.s. justice department crying foul. it just sued inbev to block this plan. now, at the end of the day, here's what's at stake. two companies control the u.s. market, budweiser and miller coors, and remember on sunday we'll be consuming a lot of beer. this matters to consumers 52 million cases on sunday alone. the average american spends 80 bucks a year on beer. i think that might be a little low, actually. so the federal government says they don't want beer prices to go up, and they're going to do that by blocking the merger or the acquisition. >> jenna: i doubt any of our viewers are beer drinkers. >> probably not. absolutely no. shocking. >> thank you very much. >> jenna: we'll continue to watch that story. her service was panned, but an on line post got her canned. a missouri applebee's waitress

is out of a job after posting a pastor's receipt on line. the reason for the post, the pastor gave no tip. quote, i give god 10%, why should you get 18. when alerted to the posting, applebee's fired the waitress, saying the customer's bill is private. is this fair? >> absolutely not. i mean, that receipt once the pastor put it out on the table, it's like putting your garbage out there. you have no expectation of privacy. should the waitress have posted it on line? probably not. maybe she should have got a reprimand. firing her is absolutely crazy. >> jenna: what about firing the pastor for no tip? how about that. >> there are a probably of scriptures she should take a look at, do unto others. bees entrust their server with personal information. you give them your credit card and name and that information is

private. she posted this receipt. this wasn't the actual server. this was her friend. the server showed shreceipt to her friend. her friend thought it was funny and she posted the receipt on line. literature. you can't reveal a person's name. these are their customers, and bee's knows as a serve you're going to get stiffed sometimes. i'm sorry, it happened. it's unfortunate. it happens. you can't go and post a receipt. >> privacy is a really good point because the pastor, her name was on it. she's a public figure. >> jenna: then her name is out there for everybody. >> you know he when you sign something like that, not the credit card number, i absolutely agree with you, but once you siberia something like that, it's over. you put it across the table. by the way, there were more than eight people at the table. >> which is why the 18%. >> most of us know if we go to a restaurant, and i think applebee's is a great restaurant. if you go with eight or more people, you'll get that 18% or whatever the strawbility put re.

>> this pastor had no idea her name would be made public on line in such manner. >> that's the problem. >> applebee's knows they will lose customers. if customers come and they think if they don't pay what the server thinks they should pay, they could be put on line. >> that's an automatic pay. that's an automatic inclusion. is you can't -- she not only didn't give her a tip, she crossed out the 18% and wrote that really nasty note. >> jenna: that was not nice. actually having to fire the waitress, couldn't you just give her a warning? why fire? >> you know, that was their decision, but they can do it. i mean, this is in missouri. missouri is at will employment which means you can fire someone for really anything. >> wasn't it in the policy? >> it was not in the employee's manual. it was not in the policy. i would argue for this waitress, this former waitress. i hope she gets her job back that she had no warning. she wasn't told by the employer that she couldn't do something

like that. again, bring her over and say you know, you probably shouldn't do this. by the way, the p pastor in the case said i'm so sorry i did that. >> something feels wrong. >> you think the waitress is going to be fired. >> she doesn't get a tip. >> i know. like there's the business side of it and what's legal, and then there's what really should happen. >> jenna: it wasn't the fact she did a bad job. it wasn't like she poured water all over them or was lacks days cal in the service. it was i already give 10% to god. >> what is the take away for us in our own work now? everything we do, if we post it anywhere because there are some people out there, and i know who you are, that are posting things on twitter and everything else just because they don't think it's that big of a deal. do we all have to not post anything? >> everything you do can reflect on your job and who you are as an individual. it can come back thiewnt you. i mean, that's the general rule now. i think in the interest of having the utmost discretion, as

a server, if you're stiffed, you can't put it out there like that. you can take it to your management. >> i hate to interrupt, but the answer, don't you agree we this, is that whatever you post on twitter, facebook, whatever, assume that anybody and everyone can read it. i mean, it's not going to be private even if it's marked private. >> jenna: is it different if this receipt was on flooder and someone picked it up and saw the note and posted it? >> totally different. >> jenna: there would be even more akin to garbage wisconsin started out. more than akin to garbage. i still say once you put it out there, it's all about expectation of privacy. once you put it out there, you have no expectation of privacy. >> i think it went too far here. she did have an expectation of privacy. no way she could have known her name and this receipt could have ended up on line. she had no clue it would end up on line. >> jenna: the waitress is fired. does the pastor have any sort of case against applebee's? >> i think that's part of the reason why applebee's took the action they did. they don't want to be held

responsible. the pastor can say i've been defamed. >> the pastor apologized from the beginning. >> yeah, she did. >> she should have paid more. >> she should have paid. >> she doesn't have to. i mean, that's the thing. she has a choice. >> actually, when you look at their menus, i know applebee's quite well. when you look at your menus, it says if you're party over six or eight, depending on where you are, you're going to get that 18%. it does say that. > it's just the right thing to do, you know. >> jenna: well, no notes on any receipts. that's the big takeaway. thank you very much. >> we hope that whoever is the waitress for your tables are lucky, i'm sure. >> jenna: leaving office but not really quietly, what hillary clinton just said that has people speaking out. we'll a tell you about that ... next. but there are some things i've never seen before.

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>> jenna: hillary clinton speaking her mind hours before stepping down, attacking benghazi critics saying their politicizing the attack and not accepting the facts. the former democratic pollster saying that the secretary has this sort of interview on her very last day in office. what do you make of it? >> i think she's haunted by benghazi. she also did something else. she also challenged -- she took a position. she's been more conservative in the administration, tougher than the president, and she took a hard line on iran. in contrast, i thought ironically to what chuck hagel was doing and saying and being attacked for. on benghazi, that's her lady mcbeth spot moment. she took the fall. that's why i said obama had a payoff by calling 60 minutes basically because she covered

his rear end, and nothing she -- and then she still attacked the critics. the problem with what she said is she still hasn't answered the questions which are who invented this false stories, and i have a few other questions. >> jenna: let me ask you this. the reporter for the associated press that had this interview said the secretary seems to suggest that she doesn't feel anything from benghazi will come back and haunt her if she runs for president in 2016. what do you think about that? does this have staying pure? >> i don't know. that's a long time away, and it probably doesn't. but the problem is there's still four dead americans. nobody's been captured, and eventually the truth's going to come out. it always does about how this phony story whichrs by the way, she was a proponent of. she tried to get out of the hearings. look. the republicans' indpe tense at questioning her was -- >> let's talk about that. >> jenna: what should the republicans have done differently. >> well, first of all, mitt romney shouldn't have taken a

craven dive in the third debate which i think helped lose him the presidency. on the committee you would have thought he they would have pressed, they would have split up the questions as they did yesterday. apparently they learned their lesson with hagel. they would have asked individual questions. there are a lot of questions. i'm not sure she testified before this board that she appointed. that's not the problem. that's what happened before. it's clear to me that what exaim out of the hearings that that night there was total chaos from the administration. she didn't talk to the president for 15 hours. what's that about? more importantly, after she made the statement, this is what got me. after she made the statement, what does it matter? well, it matters a [bleep] of a lot, pardon my french, but not a single senator who followed ron johnson, or any members of the house that day took her on about that statement. >> jenna: you say missed opportunity there by the g.o.p. >> it was more than a missed opportunity. we deserve to have her engaged on that. >> jenna: quick question, bigger

picture here. >> yeah. >> jenna: with hillary clinton out of office tomorrow, it will be the first time in 32 years, more than 32 years that not a bush or a clinton is in the white house administration. what do you think about that? >> i think it's just maybe time for all of them to go. if you realize that everyone is saying the two frontrunners are jeb bush and hillary clinton, i mean, wait a minute. this is like worth than nixon in my youth. he never went away from the time i was born until he finally died. i mean, do we have no one else in the country? >> jenna: at least we know how to pronounce and spell their names, right? >> that's true. this could be finally the great encounter. clintons versus bushes, a rematch from '92. >> jenna: we'll a little bit early. some of the projection stuff gets out of control. >> we're way early. this is why the benghazi -- she's worried about that. as i said, it's her out spot moment from lady mac beth.

>> your spai shakespeare knowles impressive. >> jenna: always cheerful and today will always be remembered. a look back at ed koch hyour wo. [ wind howls ] [ dog barks ] ♪ ♪ [ male announcer ] something powerful is coming. ♪ see it on february 3rd. ♪

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he ruled this fine city for three incredible terms. good to have you. >> thank you. it's giuliani who is america's mayor. >> you had the first claim to it. is that patented? >> no, it's his. >> you mention governites. georgia govern sitting here. he said tell ed koch i never want to talk to him again. no, actually no, time for former president bill clinton to enjoy the new library. officially dedicated today. my next guest says he has a new job to fill. >> well, first, i have been looking at the screen. he changed his hairstyle. go back to the old one. >> that was just rain, by the way, he was getting pelted. everyone was. >> i did know that. >> a lot of folks are protesting, not jobs but the jobless benefits. they want jobless benefits. they went benefit instead